BOI--Misconduct due to Sexual Assault
May 02, 2017OUTCOME: No Misconduct--Retained
Marine Corps officer accused of sexual assault; presented strong case of lack of evidence coupled with military character and integrity evidence.
Oceanside, CA
Military law Lawyer at Oceanside, CA
Practice Areas: Military Law, Criminal Defense
OUTCOME: No Misconduct--Retained
Marine Corps officer accused of sexual assault; presented strong case of lack of evidence coupled with military character and integrity evidence.
OUTCOME: Not Guilty
Marine Corps Staff Sergeant accused of using Valium. Presented an "innocent ingestion" defense with multiple fact and character witnesses to a military jury.
OUTCOME: Not Guilty
Marine accused of pointing pistol at wife and striking her. Presented evidence of strong motive to lie, coupled with testimony directly contradicting her story.
OUTCOME: No Misconduct--Retained
Chief charged with mistreating sailors based on "command climate" survey and allegations of sexual harassment. Contradicted allegations and established Chief's integrity to the board.
OUTCOME: Not Guilty Domestic Violence
Marine Sgt accused of domestic violence and confined. Showed false allegations from spouse, coupled with contradictory evidence and strong motive to lie
OUTCOME: Not Guilty
Senior SNCO accused of sexually abusing female subordinate on a training exercise. Showed the unlikeliness of the story, delayed report, and credibility of client
OUTCOME: Not Guilty
Senior SNCO accused of sexually abusing female subordinate on a training exercise. Showed the unlikeliness of the story, delayed report, and credibility of client
OUTCOME: Acquittal
Noncommissioned Officer charged with cocaine use based on urinalysis. NCO denied use, although he had been at a club on the weekend before. An ex-girl friend claimed he had confessed to use; we were ... able to show a significant motive to fabricate on her part based on their break-up. Expert testimony supported the defense of accidental use, and senior members of the chain of command testified on his character.
OUTCOME: Charges Dismissed
Senior Enlisted charged with sexual assault on a child based on a "recovered memory" obtained by a psychologist who used, among other techniques, speaking with ghosts and psychic connection with patien ... ts. Challenged the scientific reliability of the child's allegations based on the methods used by the psychologist. Military judge excluded the statement, and appellate court affirmed the judge's decision.
OUTCOME: Acquittal on Aggravated Assault
Noncommissioned Officer charged with, among other lesser offenses, aggravated assault by slashing another NCO with a knife while both were intoxicated. Cross examination revealed a third NCO as instig ... ator who broke beer bottles and created a situation where a reasonable person would fear for their life. Successfully established a basis for self defense. Also showed that police misconduct at the scene resulted in not guilty finding on attempting to damage a police car.